HomeMy WebLinkAboutCC AG PKT 2007-03-12 #K
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AGENDA REPORT
DATE:
March 12 , 2007
TO:
Honorable Mayor and City Council
THRU:
Greg Beaubien, Interim City Manager
FROM:
Chief Jeff Kirkpatrick, Police Department
,
SUBJECT: Approval Of Amended Long Beach Animal Control Agreement For
Services To The City Of Seal Beach
SUMMARY OF REQUEST:
The proposed City Council action will authorize the City Manager to sign a renewal of an amended
Agreement between the City of Seal Beach and the City of Long Beach Department of Health and
Human Services, Animal Control Division for animal control services within the City of Seal Beach,
by the Long Beach Animal Control Division.
BACKGROUND:
The City of Seal Beach historically provided animal control services to itself and contracted with the
City of Long Beach for emergency back-up services. However, in September 2004 the City of Seal
Beach dissolved its own animal control services department and entered into an Agreement with the
City of Long Beach to provide regular animal control services. The 2004 Agreement is known by its
City of Long Beach name, "Agreement No. 29026. The Agreement expired June 30, 2006.
This amended and updated Agreement presented to City Council is known by its City of Long Beach
name, "First Amendment to Agreement No. 29026."
Essential amendments include:
1. The Agreement is extended from 12:01 a.m. on December 1,2004 and shall terminate on June
30, 2008 unless sooner terminated,
2. Language was strengthened regarding Long Beach Animal Control's license fee canvassing
efforts,
3. A 3.93% Consumer Price Index (CPI) fee increase to more accurately reflect Long Beach costs.
FISCAL IMPACT:
There is no significant fiscal impact to the City. The CPI increase mentioned above totals $4,771.00
and is the only fiscal increase. It is anticipated that the strengthened license fee canvassing efforts will
yield greater revenues offsetting approximately $20,000.00.
Agenda Item .I:..
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RECOMMENDATION:
It is recommended that the City Council approve the Agreement for City of Long Beach provided
animal control services to the City of Seal Beach; and authorize the City Manager to sign the
agreement.
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NOTED AND APPROVED:
,
Greg Beau . n, Interim City Manager
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RESOLUTION NO.
A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF SEAL
BEACH APPROVING AMENDMENT AND UPDATE TO LONG
BEACH ANIMAL CONTROL CONTRACT.
The City Council of the City of Seal Beach hereby re.olve. as fuIlows:
SECTION 1. The (:;ty Council hereby approves an amended "First Amendment
to Agreement No. 29026" contract bctwccn the (:;ty of Seal Beach and the (:;ty OfLeDg
Beach for animal control.oMCOll providod to the City of Seal Beach by the (:;ty of Long
Beach, as of 1anuary 23, 2007.
SECTION 2. The CnunciJ hereby directs the (:;ty Manager to e...."'" the Odion
on behalf of the (:;ty.
SECTION 3. The (:;ty Clerl< .ball certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach this 12th day ofMaIcl1, 2007 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
e Mayor
A'ITEST:
City Clerl<
STATEOFCALIFORN1A )
COUNTY OF ORANGE )
CITY OF SEAL BEACH )
I, Linda Devine, (:;ty Clerl< of the City of Seal Beach, Californi.. do hereby certify that
the foregoing Resolution, being Reaolution --' was pilssed and approvod by the City
Council of the (:;ty of Seal Beach at a regular meeting of said Council held on the 12th
day of March, 2007 and thai Reaolution was ;Bdopted by the following V01Il:
CityClerl<
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FIRST AMENDMENT TO AGREEMENT NO. 29026
THIS FIRST AMENDMENT TO AGREEMENT NO. 29026 is made and
4 entered, in duplicate, as of January 23, 2007 for reference purposes only, pursuant to a
5 minute order of the City Council of the City of Long Beach at its meeting held on November
6 23, 2004, and a minute order of the City Council of the City of Seal Beach at its meeting
7 held on September 21, 2004, by and between the CITY OF LONG BEACH ("Long Beach"),
8 and the CITY OF SEAL BEACH ("Seal Beach").
9 WH EREAS, Seal Beach is a charter city authorized to provide animal control
10 services to its residents; and
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WHEREAS, Seal Beach has historically provided said services and has
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di11 15 WHEREAS, Long Beach is able and willing to provide said services for Seal
g:a~ 16 Beach on the terms and conditions stated in the Agreement and, as a Charter City, Long
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17 Beach is authorized by Section 111 of its Charter to provide these services to Seal Beach;
18 and
12 contracted with Long Beach for emergency back-up services but Seal Beach now desires
13 that Long Beach provide full-time animal control services rather than just emergency back-
14 up services; and
19
WHEREAS, Seal Beach desires to contract with Long Beach for performance
20 of animal control services within the boundaries of Seal Beach; and
21 WHEREAS, the parties desire to extend the term of the ~greement;
22 NOW, THEREFORE, in Consideration of the mutual terms and conditions in
23 the Agreement and in this First Amendment, the parties agree as follows:
24
25 follows:
26 "SECTION 1. TERM. This Agreement shall commence at 12:01 a.m. on
e 27 December 1, 2004, and shall terminate at midnight on June 30, 2008, unless sooner
1. Section 1 of the Agreement is hereby amended in its entirety to read as
28 terminated as stated below. "
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1 2. Section 2.B.(ix) is hereby amended to read as follows:
2 "(ix) To use its best efforts to comprehensively canvass all known
3 households in Seal Beach during the term of this Agreement to insure that all animals
4 required to be licensed are, in fact, licensed.
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5 Long Beach will provide the services listed above for an amount of time that
6 averages approximately three (3) hours per day, or twenty-one (21) hours per week."
7 3. Section 4.C. is hereby amended to read as follows:
8 .C. In the event and to the extent that the total amount of any and all license
9 fees retained by long Beach does not equal or exceed Seventy-eight Thousand Five
10 Hundred Forty-nine Dollars ($78,549.00) for the period ending on June 30,2005 and One
11 Hundred Sixteen Thousand Three Hundred Fifty-seven Dollars ($116,357.00) for the
12 period ending on June 30, 2006, then Seal Beach shall pay to Long Beach the difference
13 between said total fees and $78,549.00 for the period ending on June 30, 2005 and the
14 difference between said total fees and $116,357.00 for the period ending on June 30,
15 2006. Payment of the difference shall be made on or before July 31, 2005 and July 31,
16 2006, respectively. In the event and to the extent that the total amount of all license fees
17 retained by Long Beach exceeds $78,549.00 for the year ending on June 30, 2005 and
18 $116,357.00 for the year ending on June 30, 2006, then said excess shall be divided
19 equally between Long Beach and Seal Beach.
20 In the event and to the extent that the total amount of any and all fees
21 retained by Long Beach does not equal or exceed One Hundred Twenty-One Thousand
22 One Hundred Twenty-eight Dollars ($121,128.00) on June 30, 2007 with respect to the
23 extended term, then Seal Beach shall pay Long Beach the difference between the .total
24 fees and $121,128.00. Payment of the difference shall be made on or before
25 July 31, 2007. In the event and to the extent that the total amount of all license fees
26 retained by Long Beach exceeds $121,128.00 on June 30, 2007, then the excess shall be
27 divided equally between Long Beach and Seal Beach.
28 In the event and to the extent that the total amount of any and all fees
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1 retained by Long Beach does not equal or exceed One Hundred Twenty-One Thousand
2 One Hundred Twenty-eight Dollars ($121,128.00) on June 30, 2008 with respect to the
3 extended term, then Seal Beach shall pay Long Beach the difference between the total
4 fees and $121,128.00. Payment of the difference shall be made on or before
July 31,2008. In the event and to the extent that the total amount of all license fees
retained by Long Beach exceeds $121 ,128.00 on June 30, 2008, then the excess shall be
divided equally between Long Beach and Seal Beach."
4. Section 4.0. is hereby amended to read as follows:
aD. In the event of termination of this Agreement pursuant to Section 7 or
Section 9, Long Beach shall retain fees as compensation for services provided by Long
Beach through the effective date of the termination. In the event and to the extent that the
total amount of any and all fees retained by Long Beach to the effective date oftermination
does not equal or exceed Eleven Thousand Two Hundred Twenty-one Dollars
($11,221 .00) for each month thatthe Agreement has been in effect until June 30, 2005 and
Nine Thousand Six Hundred Ninety-six Dollars ($9,696.00) for each subsequent month,
then Seal Beach shall pay to Long Beach the difference between the total fees to the
effective date of termination and the dollar figure obtained by multiplying $11 ,221.00 times
the number of months the Agreement was in effect between December 1, 2004 and June
30,2005, and $9,696.00 times the number of months the Agreementwas in effect between
July 1, 2005 and June 30, 2006. A partial month shall be deemed a full month. Seal
Beach shall pay the difference within thirty (30) days after the effective date of termination.
Long Beach shall pay any excess of s'aid fees to Seal Beach.
I n the event of termination of this Agreement pursuant to Section 7 or Section
9, Long Beach shall retain fees as compensation for services provided by Long Beach
through the effective date of the termination. In the event and to the extent that the total
~mount of any and all fees retained by Long Beach to the effective date of termination but
prior to June 20, 2008 does not equal or exceed Ten Thousand Ninety-four Dollars
($10,094.00) for each month that the Agreement has been in effect until June 30,2008,
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1 then Seal Beach shall pay to Long Beach the difference between the total fees to the
2 effective date oftermination and the dollar figure obtained by multiplying $10,094.00 times
3 the number of months the Agreement was in effect between July 1, 2006 and June 30,
4 2008. A partial month shall be deemed a full month. Seal Beach shall pay the difference
5 within thirty (30) days after the effective date of termination. Long Beach shall pay any
6 excess of these fees to Seal Beach."
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5. Exhibit "A" to the Agreement is hereby replaced with Exhibit "A-1" effective
8 October 1, 2006.
6. Except as expressly amended in this First Amendment, the terms and
conditions in Agreement No. 29026 are ratified and confirmed and shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have caused this document to be duly
executed with all formalities required by law as of the date first stated above.
CITY OF Seal Beach, a municipal corporation
,2007
By:
City Manager
"Seal Beach"
This First Amendment to Agreement No. 29026 is approved as to form on
,2007.
By:
City Attorney, Seal Beach
CITY OF LONG BEACH, a municipal corporation
,2007
By:
City Manager
"Long Beach"
This First Amendment to Agreement No. 29026 is approved as to form on
,2007.
ROBERT E. SHANNON. City Attorney
By:
Deputy City Attorney
DFG:LAC:bg 8/11106;8121106;10112/1lB;1123107(AMD_1slAMD#29026)99-035SO
L:IAPPSlCtyLaw321WPDOCSID002IP003\OOO92821.WPD
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EXHIBIT "A-t"
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SCHEDULE OF FEES AND CHARGES
DEPARTMENT: HEALTH AND HUMAN SERVICES
Fee No. IFee Name I Description I Fee I Per
Animal Control Fees
A001 Redemption of animal previously Fee 10 get back animal that was previously released 10 $10 Day
released bv owner animal control bv owner
A002 $8 Addilional day or
aortion thereof
A010 Pick Up Fee (FIrst Officer) Fee for one (1) Animal Control Officer 10 pick up an $40 First Officer
owner animal
A011 Pickup Fee (Each Additional Fee for each additional Animal Control Officer (after the $30 Each adcjitional
Officerl First Officerl needed to olck uo an owner animal officer
A020 Dog Spay and Neuter FeeJDeposi Cosllo spaylneuter dogs adopted 10 rescue groups Actual cost Dog
(Rescue Group Only) only
A030 Cal Spay and Neuter FeelDeposR Cosllo spaylneuter cels adopted 10 rescue groups only Actual cost Cat
(Rescue Group Only)
Fees for Impounding
For each hour (or
fraction of an
A040 Impound/Capture Fee Fae for Animal Control Officer time required 10 capture $30 hou~ spent per
and impound an animal ($30 minimum) ofIk:er In the
capture and
ImDoundino
A050 For DaDS Firstlmaound $25 Eachdoo
A051 Second ImDDUnd $35 Eachdoa
A052 Third Imoound $65 Each doo
. $65 + $50 per
A053 Fourth and Subsequent Impounds add'llmpound Each dog
aller third
Impound
A060 For Livestock (cows, goals, Fee 10 impound livestock $60 Each animal
sheaD. pigs ete.
A070 Fowl and Birds Fee 10 Imoound fowl and birds $20 Each animal
A080 For Cals Flrstlmoound $25 Each cat
A081 Second Imoound $35 Each cat
A082 Third Imoound $65 Each cat
$65 + $50 per
A083 Fourth and Subsequent Impounds add'llmpound Each cat
after third
ImDOUnd
Fees fDr Boarding or Keeping
A090 Liveslock Fee for board and care of livestock $7 + actual CDS Dav
A100 Animals, other than livestock and Fee for board and care of animals (dogs, cats, ele.) $8 Day
exotic animals
A110 Exotic animals Fee for board and care of exotic animals $5 + actual cost Dav
Dog Tag Fees
Puppies over 4 months old, but Puppies under 12 months but over 4 months old can be Prorate A 121 .
A120 under 12 months old licensed on a monthly basis. Minimum ch8lge of 6 ' A142 Dog
months or ortHllted for each month accordinolY
A121 12 months - Unalter8d 12 month dog license fee for dogs that are Not eltered $60 Dog
Not soavlneuteredl
8129106
Health and Human Services Fee Resolution
Exhibit A-l
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SCHEDULE OF FEES AND CHARGES
DEPARTMENT: HEALTH AND HUMAN SERVICES
Fee No. Fee Name Description Fee Per
11.122 12 months - Altered 12 month dog Dcanse fee for dogs thaI are altered $18 Dog
soav/neuteredl
A130 Monthlv Portions - Unaltered Rate Includes additional fee for administrative costs $5 or fraction 000
A131 MOIlthly POrliOllS - Altered Rale includes additional fee for administrative costs $1.50 or Dog
fractiOll
Senior Citizen rale for 12 month dog license fee;
A141 Senior Citizen Rate -12 months appUes 10 one dogIhousehold only and for allered dogs $9 Dog
onlv
Penalties ()
AlSO Dog License late Fee Fee for new/renewal dog licenses that are purchased $25 Dog .
late. aDDIies 10 unaltered and altered tIoos -
Issue DUllicate Tag .
AHO Duplicate Dog License Fee 10 Issue duplicate dog license tag $5 Tag
a1tered/unalleredl
Inoculations
11.180 Anti-Rabies Fee for rabIes vacdnation $7 Vaccination
A190 DistemoerJParvo Fee for distemoerlParvo vaccination $14 Vaccination
Al95 Bordelalla Fee for bordelalla vaccination $14 Vaccination
A200 Feline Viral Rhinotracheltis CP Fee for feline viral rhinotracheilis CP vaccination (catl $14 Vaccination
A210 Microchio Fee 10 olace microchlo in oel $25 Animal
DlOo OffIOwner Relinquished Animals IDo s, Cats, Other)
A215 Placeable dog with current license Fee to release placeable (adoptable) dog with current $50 Animal
and olaceable cal/other license and placeable catloiher animal to animal control
Non-placeable dog with current Fee 10 release non-placeable (non-adoplable) dog with
A216 license and non-placeable current license and non-placeable cal/other animal to $70 Animal
catlother animal control
Placeable dog without current Fee to release placeable (adoptable) dog without
A217 current license 10 anImal control-Includes license late $75 _ Animal
license fee
Non-placeable dog withoul curren Fee to release non-placeable (non-adoptable) dog
A218 without current license to animal control- includes $95 Animal
license Ucense lale fee
A219 Commercial trapping Fee for commerciallrapplng businesses to release $25 Animal
relinouishmenl fee (W11dlifel wildlife
$100 +
A222 Non-resldenl Owner Fee for non-residents \0 release an owned animal to appl"lCeble Animal
Relinquishmenl- Dead/Alive animal control relinqulsh-ment
fee
A223 Stray/Non-Owner Relinquishment No fee to release stray (nol owned) animals to animal No charge
DeadlAIive control
Dead Animal DIsDosal
A220 Owner Relinquished Dead Animal Fee to dispose of an own81's deceased pel $20 Animal
Disoosal
A221 Veterinarian Relinquished Dead Fee to dispose of dead animals relinquished by $20 Animal
Animal DisDOsal veterinarians - Der animaUbarreJ
$100 Barrel
Inslilution (School, Business, Etc.) Fee to dispose of dead animals reDnquished by
A224 Relinquished Dead Animal $20 Animal
Dlsoosal instilutions (school, business, etc.) - per anlmalJbarrel
$10ll Barrel
8/29/06
Health and Human Services Fee Resolution
Exhibit A-I
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SCHEDULE OF FEES AND CHARGES
DEPARTMENT: HEALTH AND HUMAN SERVICES
Fee No. Fee NalJle Description Fee Per
K125 OWner Relinquished Large Animal Fee 10 dispose of owne(s large animal (livestock, etc.) $100 + cost of Animal
l'UvestoCk:elc.l DisDOsal carcass actual disDOsal
CiIt TraDS - - - .
A230 Deposft Deposft fee III rent cat trap; Oeposft Is forfeited after 30 $90 Trap
dllVS If trao is not returned or damaoed
A240 Rental Charge Charge 10 rent cat trap - charge liegins on the filS! day $3 Day
of rental
A250 Trao Pick-uo or Droo-off Fee for animal control to Dick-up or droP-Off a lraD $40 Pick-uolDroo-off
Euthanasia
Faa for euthanasia - only for animals that can be
A260 Euthanasia Immediately euthanized, by law. Additional drop-off fee $65 Animal
aoolies.
Permits -
A310 Animal Menagerie (pelting Zoo) 1- Pennlt fee for animal menagerie (petting zoo) lasting up $100 Event
3 days to 3 days
A311 Animal Menagerie (Pelting Zoo) 4 Permft fee for animal menagerie (petting zoo) lasting 4 $300 Annual
+davs or more days - must purchase annual Darmit
A320 Animal Exhibition (Circus, Rodeo, Fee for animal control officers to inspect animals on $450 Arrival Day
elc.l FilS! Dav (Arrlval Davl filS! dav/arrlval day
A321 Animal Exhibition (Circus, Rodeo, Fee for animal control officers 10 Inspect animals on $450 Departure Day
etc.l Deoartura Dav deoarture day
A322 Animal Exhibition (Circus, Rodeo, Permft fee for each day of animal exhibftion, except $225 Day
etc.l Each Additional Dav arrfvaVdeoarture days
A330 'MIdlExDlIc Animal- First Animal Permit fee for filS! wild/exotic animal - Some rep1l1es $55 Annual
mav reouire a vicious animal oarmit
A331 WildlExDtic Animal- Each Permit fee for each wild/exotic anlmel (after first animal) $15 Annual
Additional Animal After First - Some reoliJes maY reouire a vicious animal oermit
A340 Guard 000 Companies Site permit fee for companies with ~uard do~s $175 Annual
A350 Filming Animals (Movies, Permft fee for filming animals for movies or $100 First Day
Commercialsl - FilS! Dav commercials
Filming Animals (Movies,
1\351 Commercials) - Each additional Permft fee for each additional day of filming $25 Additional Day
daY
Filming Animals (Movies, Fee for Animal Control Officer III remain on location
A352 Commen:ials) - Anlmel Control during filming $30 Hour
OIIicer time as needed
A356 Dog Breeding Permit Application Fee III process dog breeding pennft application - non- $200 Application
refundable
A357 000 Breedlno Permit Fee for doo breedino oermlt- non-refundable $300 Annual
A358 Transfer for Sale Pannit- Dog Permit fee for approved breeders to.sl!il puppies $500 Litter
Breeders
A359 Transfer for Sale Permlt- Pet Fee for pet shops to sellllransfer animals $500 Annual
ShODS
Animal related ewnls that Permit faa for animal related evenls promoting pure
A360 promote.pure brad animals, such $1,000 Day
as doo shows bred animals, such as dog shows
Fee 10 reinspect properiles of groups . [501(C)(
A361 Property Reinspeclion Fee 3)]exempt from breedlngltransfer application and $50 Reinspeclion
breedlno oermft fees
8/29106
Health and Human Services Fee Resolution
Exhibit A-I
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SCHEDULE OF FEES AND CHARGES
DEPARTMENT: HEALTH AND HUMAN SERVICES
Fee No. Fee Name Descrialian fee Per
Animal rel~led evenls not -
A362 specified above, suc;h as dog Fee for evenls put on by local charities $25 Day'
walkS etc.
A364 Vicious Animal Pennit Pennlt fee for owners of vicious animals $350 'Annual
A366 VICIous Animal Re-Inspection F!lll for animal conlrol ollicers to re-inspect premises $175 Each Re-
where vicious animal resides insoeclian
Animal Sales
A370 Cat Sales Sales to approved Rescue Groups only -Includes all $17 Cat
vaccinations '
A371 Dog Sales Sales to approved Rescue Groups only - includes all $25 Dog
vaccinations
Investigative Services
A372 Court Restitution Reimbursemant for animal conlrol staff time needed to $301hr. Hour spent on
loreoarellile court cases case
8/29106
Health and Human Services Fee Resolution
Exhibit A-l